Additional Product Terms of Service

These Additional Product Terms of Service (“PTOS”) form part of the Samsara Master Terms of Service (“Agreement”) and are incorporated by reference therein as applicable. Any capitalized terms not defined herein shall have the definition set forth in the Agreement.   

1. Pre-Launch Offerings.  From time to time, Samsara may in its sole discretion make Pre-Launch Offerings available to Customer for evaluation purposes.  Should Customer opt to use a Pre-Launch Offering: Customer agrees to (i) enter into any additional terms required by Samsara for the applicable Pre-Launch Offerings; (ii) assume sole responsibility and all risk, and waive and release Samsara from any claims directly or indirectly arising from or related to the Pre-Launch Offerings; and (iii) without limitation, defend, indemnify, and hold harmless Samsara from any third party claims directly or indirectly arising from or related to the Pre-Launch Offering. PRE-LAUNCH OFFERINGS ARE PROVIDED “AS IS ” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND.  Customer acknowledges and agrees that Customer Data may be disclosed to third parties as necessary for providing Pre-Launch Offerings, and that such offerings may interact, interface, or integrate with third party products and/or services may not be validated or supported by such third parties and may interfere with the operations of or void warranties for such third party products and/or services.  Samsara reserves the right to modify, terminate, or discontinue the Pre-Launch Offerings at any time in its sole discretion, for any reason, with or without notice, and without liability to Customer, and has no obligation to make any Pre-Launch Offerings generally available to Samsara customers.  If Samsara decides in its sole discretion to make a Pre-Launch Offering generally available to Samsara customers as a new Product or part of an existing Product, Samsara may discontinue making such offering available to Customer as a  Pre-Launch Offering at that point in time. Customer acknowledges and agrees that any continued usage after such discontinuation date will require that the Customer purchase  or have  already purchased the applicable Product under an Order Form and pay any additional amounts owed for such purchase. Except as explicitly set forth otherwise in this Section, Pre-Launch Offerings are subject to the same terms and conditions as are applicable to a “Product” under the Terms of Service.

2. Connectivity Data Usage.  A Samsara Software license only includes connectivity data to the extent such license SKU is identified as including connectivity data and sets forth the amount of connectivity data included.  To the extent connectivity data is included in a Samsara Software license, connectivity between the applicable Hardware and the licensed Samsara Software does not count towards the included connectivity data cap. Samsara reserves the right to limit access to personal entertainment streaming services through the Hardware connectivity. Connectivity data usage above any included connectivity data cap may result in the reduction of connection speeds, the restriction of connectivity, the interruption of connectivity, or some combination thereof. Restriction or interruption of connectivity will not impact the function of hours of service logs. Customer may track any included connectivity data usage from the “Gateways” page within the “Settings” section of the Hosted Software dashboard. 

3. Safety Event Review.

3.1 Safety Event Review Services Terms. If Samsara is providing Safety Event Review (‘SER’) Services (as defined below) to you, the additional terms and conditions in this section 3 shall apply to such SER Services. The SER Services shall comprise the following: (i) manually reviewing the videos for safety events captured by any Product purchased under any current Order Form between you and Samsara, (ii) discretionarily applying any descriptive tags to each such video, and (iii) discretionarily maintaining or updating the status of each such safety event. Samsara may adjust Customer’s safety event sensitivity settings in the Samsara Software dashboard in its sole and absolute discretion at any time.

THE SAFETY EVENT REVIEW SERVICES ARE PROVIDED 'AS IS', WITHOUT WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SAMSARA EXPLICITLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Samsara makes no warranty that the SER Services will meet Customer’s requirements or will be available on an uninterrupted, secure, or error-free basis. Samsara makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any review, descriptive tags, or status of or applied to any video or safety event. Samsara’s Hosted Software SLA, available at https://www.samsara.com/hosted-software-sla, does not apply to SER Services. 

3.2 Customer Safety Settings For Generally Available Safety Events May Affect SER Services. The Samsara SER team will use reasonable efforts to review safety events within twenty-four (24) hours following the arrival of a safety event video in the SER queue (the 'Standard Review Period'), provided that Customer retains safety settings no more sensitive than the default settings for generally available AI and other safety events. If Customer adjusts its settings to a more sensitive safety setting without Samsara’s prior written approval, the SER team reserves the right in its sole and absolute discretion (a) to adjust the Customer’s safety setting back to the default setting at any time and review events only relevant to the default setting or (b) lengthen the Standard Review Period. To determine whether the Samsara SER team will accept an adjusted safety setting, Customer should submit a written request to their Samsara Customer Success Point of Contact, or Account Executive identified on their SER Order Form. The Samsara SER team will endeavor to respond to a proposed adjusted safety setting within two (2) business days of receipt of the written request. If approved, the SER team will adjust the safety settings on behalf of the Customer or will notify the Customer that they can make the approved adjustment. Samsara reserves the right in its sole and absolute discretion to withhold or retract approval of a Customer request to adjust safety settings, to roll back changes to a Customer’s safety settings at any time, to adjust the Standard Review Period, and/or to charge additional fees for review of SER events

3.3 Samsara May Adjust the Standard Review Period in the Event of Unexpected or Severe Increases of Safety Events. Certain events and circumstances, including AI events, (‘Safety-Related Events’) may generate a large quantity of safety events, including (as determined by Samsara in its sole and absolute discretion) noticeably more than reasonably expected (an 'Unexpected Increase') or significantly more than reasonably expected (a 'Severe Increase'). In the event a large quantity of safety events are generated by a Safety-Related Event, the SER team will use reasonable efforts to complete review of such safety events within the Standard Review Period (e.g., 24 hours), but the SER team reserves the right in its sole discretion to adjust the Standard Review Period and/or to take any other action depending on the circumstances, including disabling the safety event.

3.4 If there is an Unexpected Increase. The SER team will endeavor to review generally available safety events before the increase. The SER team point of contact may notify the Customer of an updated Standard Review Period and provide other updates to the Customer at any time.

3.5 If there is a Severe Increase. The SER team will temporarily or permanently disable the relevant Safety-Related Event. The SER team will continue to review all other safety events not caused by the Safety-Related Event. The SER team will not be responsible for reviewing any safety events caused by the Safety-Related Event, including those marked as 'Needs Review.' The SER team point of contact may notify Customer of an updated Standard Review Period and provide other updates to the Customer at any time.

3.6 Beta Safety Events Must Be Explicitly Enabled By Samsara For SER Services. From time to time, Samsara may offer Pre-Launch Offerings (as defined in Samsara’s terms of service) or other offerings that are not made generally available to Samsara customers, including but not limited to closed beta (invite-only) and open beta (opt-in for all Customers) offerings, that affect the number or type of Customer safety events (collectively 'Beta Safety Events'). Customers must request approval in writing from the Samsara SER team before enabling Beta Safety Events to be included within the scope of SER Services. If a Beta Safety Event is enabled to be included within the scope of SER Services without prior written approval from the SER team, the SER team reserves the right in its sole discretion (a) not to review any or all of the safety events related to such Beta Safety Event feature or (b) to increase the Standard Review Period. To determine whether and how the Samsara SER team will review Beta Safety Events, Customers should submit a written request to their Samsara Customer Success Point of Contact, or Account Executive identified on their SER Order Form: The Samsara SER team will endeavor to respond to a Beta Safety Event request within two (2) business days of receipt of the request. If the request is approved by Samsara, the SER team will enable the Beta Safety Event for Customer to be included within the scope of SER Services or will notify the Customer that the Customer can enable the Beta Safety Event for such review. Samsara reserves the right in its sole discretion to withhold, suspend, or retract approval of a Customer Beta Safety Event request, to adjust the Standard Review Period for SER safety events, and/or to charge additional fees for review of SER safety events.

4. Engine Immobilizer Terms. If Customer opts to use any opt-in features associated with the LIC-EI-SEC Samsara Software license, Customer agrees to (i) assume sole responsibility for and all risk arising from Customer’s use of such opt-in features, including waiving and releasing Samsara from any claims directly or indirectly related thereto; and (ii) without limitation, defend, indemnify, and hold harmless Samsara from any third party claims directly or indirectly arising from or related to Customer’s use of such opt-in features.

5. Definitions.

5.1 "Pre-Launch Offerings” means any Samsara hardware and/or software offerings and related documentation and accessories that are not generally available to Samsara customers and that may be in the alpha, beta, experimental, research, in development, prototyping, and/or testing phase.